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tv   Studio B With Shepard Smith  FOX News  May 23, 2013 12:00pm-1:01pm PDT

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and our shield. and long after the current messengers of hate have faded from the world's memory, alongside the brutal despots and deranged mad men and ruthless demagogues who litter history, the flag of the united states will still wave in small town cemeteries and national monuments, to distant outposts abroad, and that flag will still stand for freedom. thank you very much, everybody, god bless you. may god bless the united states of america. [applause] >> president obama delivering a tactic of droningthe terror suspects overseas, but he also did set new limits for when our american military can till wydens. -- can kill with drone.
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>> our actions are affected. don't take my word for it in the intelligence gathered at bin laden's compound we found he wrote, we could lose the reserves to enemy's air strikes. we cannot fight air strikes with explosives. america does not take strikes to punish individuals. we act against terrorist who pose a continuing and imminent threat to the american people, and when there are no other governments capable of effectively addressing the threat. and before any strike is taken, there must be near certainty that no civilians will be killed or injured. the highest standard we can set. >> green, president obama said the military now reserves drone strikes for terror suspects who pose a continuing and imminent threat to americans. the president also confirming that four american citizens died in u.s. drone strikes outside the battlefields of iraq and
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afghanistan. he said that military officials had targeted one of those americans, the terror cleric al-awlaki, who was connected with the underwear bombing and other plots. a recent fox news poll show that 74% of voters approve of droning suspectest overseas. >> the president defended the drone strikes and reject it the idea of war on terror? >> the president suggested a war on terror is a never-ending war on tactics and said specific efforts to target specific networks and said the response to terrorism can't depend on military or law enforcement alone. he defended drone strikes as last resort by saying the mission that took out bin laden
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cannot be the norm but admitted that drone strikes raise questions. >> america0s defense can not be the end of the discussion to say military tactic is legal, or even effective, is not to say it is wise or moral in every instance. but the same progress that gives
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the alternative, they say, are to rely on foreign governments to provide access to foreign suspects or bring them to the u.s. that is what mr. obama wants to do, but republicans and even some democrats reject the idea, saying it's too dangerous and gives terror suspects constitutional protections that they don't believe they should have. greg? >> and finally, wendell, the president, i think, surprised a lot of people, ourselves included. he brought up the controversy over the feds keeping tabs on journalists. tell us about that. >> he said leakers must be held accountable for their promise not give away classified information because that threatens lives. the president said he is also troubled that leak investigations may chill the investigative journalism that holds government accountable and asks eric holder to do a review. >> thank you very much.
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>> turning from washington, dc, ambassador john bolton, former u.s. ambassador to the u.n. and a fox news contributor, and kaitlin joins us. nice to have you both. ambassador, let me start with you. on the subject of gitmo, he is once again demanding that the prison be closed, asking congress to do it. he is asking to designate a site in the u.s. to hold military tribunals for gitmo detainees as well. now, ambassador, congress resoundingly said no to both before. how is it going to be any different now? >> well, i don't think it will be any different. i think the dominant theme of the speech is probably the precise opposite of what the president intended 0 to convey. he still doesn't understand the nature of the war against terror. he said repeatedly he wants to detain and prosecute terrorists as if this is a normal criminal law system problem rather than a
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war, not that we want to wage in perpetuity but this thing waged against us, and that informs the confused and internally contradictory statements the made, including once again coming back to trying to get rid of gitmo. >> kaitlin, i want to put up a knocks news poll on gitmo. a huge under of men's, 63%, do want to keep it open. senator kelly ayad, said -- we talked to her a couple hours ago. he said there is little appetite in congress for sitting it down. >> that's my sense and republicans want more assurances about what will happen to detainees objects they're released or transferred. they don't know yet and haven't seep an assurance, they want to be reassured that the detainees
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released or transferred won't return back and fight against the u.s. >> ambassador, the president on the subject of the prisoners themselves in transferring men of them to yemen, getting them out of gitmo. he said that's going to be his priority now. going to be putting things in motion to do that. here is former secretary of defense donald rumsfeld earlier on fox news, take a listen. >> the problem is, the ones that are left are the most difficult onesle. the worst of the worst. a number of the other ones have ended up on the battle feed. >> the recidivism rate is 28% according to the director of national intend generals, so in other words these terrorists are going to be set tree to terrorize americans all over again? >> right. the president cited the number of terrorists, at least during the bush administration, and i would say that's a very telling
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point. we probably released far too many for precisely that reason. when it comes to yemen there may be a worse time to turn terrorists back over to yemenie authorities about i can't think of what it is. this is an open invitation for these people to return to the battlefield. the think policy is it drink by the ideological notion you can handle terrorism like it's like robbing a local starbucks. >> the president said the united states is safer today because of his work and his administration's work to combat terrorism. well, americans don't agree with that at all. take a look at this fox news poll. are islamic terrorist more or less a threat today than after 9/11. 56% say more. only 28% say less. now, that's the sentiment. what about the facts? do the facts, ambassador, bely
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the president's statement we're safer. >> the president has tried to define terrorism in a narrow way, to mean the al qaeda leadership along the afghan-pakistan bored cher has been decimated. no question. the trouble is in the last ten years since the first 9/11, the al qaeda threat has moved into the arabia peninsula, into iraq. doesn't follow a corporate or government organization chart. it's a much more distributed network. but the threat is going, not receding, and the idea that we can walk away from the battle assumes it only takes one to tango, and sadly it does not. the terrorist are coming against in boston, they did in boston and they did in london yesterday. >> as we mentioned in the introduction, americans overwhelmingly support the use
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of drone strikes to kill terrorist abroad and now the president is announcing not just a subtle change but a very dramatic change in three ways. he wants to limit their use to when americans face imminent threat. number one. number two he will not strike when capture is possible. and, number three, he wants to determine to near certainty, near certainty, that no civilians will be killed. ambassador, don't those three conditions essentially end the drone strike policy? they're almost impossible to achieve. >> depending on how they're interpreted, that's right. it goes to the fundamental point, the president would prefer to have trials in the southern district of new york by federal prosecutors than deal with the real threat of terrorism. this is an approach that is going to leave us far less secure, but it's something he obviously believes in, deeply as a matter of ideology, and i
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think that's what is driving the poll circumstance not national security. >> what is a bit con founding to those watching the speech, the president talk about how successful the drone strategy has been, which invites the question, why alter, why mess with success in. >> exactly. i'm very glad the president made a robust defense of his use of drones and his use of force again terrorismism. it helps legitimate these approaches and we have these tactics to be used in our own self-defense so we should be grateful for that. >> always a pleasure to speak with you, sir. >> we are learning more about the brutal attack in london, which the prime minister called, a likely act of terror. you're going to hear about the mother of two who confronted the blood-soaked, knife-wielding attackers. come here, boy.
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>> seems the irs official who appeared before congress yesterday did not plead the fifth correctly, ashley, from the top g.o.p. lawmaker who said he spoke to his attorney. she said her group started specific groups ahead of the elections here's what happened when lerner delivered an opening statement of sorts and then refused to answer any questions. >> because i'm asserting my right not to testify. i know some people will assume i've done something wrong. i have not. >> she waived the right to fifth amendment privilege by issuing an opening statement and she ought to answer our questions. >> apparently mr. hot tub did it correctly. in him. the official who spent almost a million of our tax dollars on a
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government bash in vegas. let the good times roll. he also appeared in front of congress but did not deliver any kind of a speech. he simply pled the fifth, at each and every opportunity. mike emanual is life. i couldn't resist the temptation of showing the hot tub shot again. what about this idea of calling this irs official, back to the committee? >> well, greg, when lois lerner offered the defense of her actions, lawmakers suggested she waived her fifth amendment right. darryl issa is looking to bring lerner back to testify and believes that testimony were germane and every she said under oath is subject to percentageie. on the idea of calling the irs official book, here's nancy pelosi. >> i don't know it's in the public interest. it's not like somebody had some
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culpablity. the inspector general said nothing illegal was done. but i do think there are some people that deserve answers. i wish she would eave provided them. >> other democrats, elijah cummings, suggest that bringing her back of the may be a waste of time. >> top run ups believe there's more to come. >> an interesting take from senator rand paul who made the case she does have a fifth apple right but government employees have a duty to the taxpayers to be forthcoming about misconduct in their agencies so suggested she should be suspended from her job during this investigation. as for the broader irs investigation, here is house speaker john boehner. >> drip, drip, drip. every day there's something new. we don't know how deep this extends within the administration and why
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our excite yes will investigate this. but what is most troubling in this white house is that the lights on but doesn't seem to be anybody at home. >> of course, president obama said he learned about this targeting of conservative groups through nut reports and clearly you -- through news reports and the speaker does not believe the president was insulated this was going on. >> greg: mike, thank you. let's take it to the judge, judge andrew napolitano. is here. i may be the lawyer but you're the judge. i i read the two supreme court cases, rogers and brun, and i think they stand for the proposition that what she did is okay because you can only waive your right in a trial or grand jury protesting. >> the law is ambiguous because of what she did yesterday so infrequently happens. the typical invocation of the right to romaine silent, the
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person invoked it for every question, except who are you and and the questioner, the charm of the committee, concludes they're going deep doing this, why waste everybody's time. what she did yesterday is very unusual. now, she is a lawyer. and she is advised by counsel, and her statement was written. so this was not anything inadvertent. she obviously deliberately yesterday set out to make a statement. i didn't do anything wrong. i didn't break any laws -- >> she has a first amendment right to declare her innocence. >> i didn't violate any irs proceedings. but i'm not going to answer anymore questions. so there's two ways the courts look at this one is the greg jarrett way, which is the right to remain silent and the right not to incriminate yourself is so fundamental and yet so misunderstood that it can only be waived with a knowing intentional waiver where someone
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articulates, i'm with aing the right. can't be waived inadvertently. the other line of case, you can't have it both ways. you can't pick and choose which questions to answer and answer and you can't make a statement and then refuse to answer questions about the statement. so i am sure that congressman issa's lawyers will look at the second line of cases, the one that supports the position of their client, congressman issa. >> until they just want to badger her -- hold your thought there. we're going to take a break. we have more to talk about, including the fact that was just kind of a broad declaration of innocence. she wasn't specifically addressing the main issues in the case. we'll talk about it in just a moment. stick around, lots more on studio b. [ lisa ] my son is my world.
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>> greg: in front of congress, lois lerner invoked the fifth saying, i didn't do anything wrong. haven't brent any laws. back with judge andrew napolitano. that's not talking about the issue specially in which she might subject herself to cross-examination, so she didn't waive err fifth on that basis? and what happens next? >> if congressman issa wants her back and she shows up and doesn't answer, i think they well be unforgiving and think she tried to pull a fast one on them by proclaiming innocence and refusing to answer. they'll take her to the united states district court judge and a judge will decide, was this substantive testimony, subject to questioning, and did she waive the faith in and a judge will decide. if a judge tells her to speak and she doesn't speak, she's going to jail. >> really. >> yes, until they decide that jail ills no longer going to coerce her. >> she would have been better off to stand five minutes before
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the hearing and say, i didn't do anything wrong, and then go in. >> right. >> that would have been the smart move. >> i think she took her own counsel. >> always a bad lawyer when you represent yourself. judge, thanks very much. >> pleasure. >> new round of severe weather is complicating the recovery effort in moore, oklahoma, as residents bury dead. friends and families just hours ago gathering for the first of the funerals. this one for a little nine year girl who was among several children killed inside the plaza towers elementary school. the enormous twister slammed directly into the billing, reducing it to rubble with winds topping 200 miles-per-hour. john on the hunt earlier today at the school. he joins us live. i'm sure it was very moving moment for you, heartbreaking. what did you see?
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>> yeah. it's a scene of stunning and utter destruction in the plaza towers elementary school. it's also very poignant, you see reminders this is a place kids went to be safe and went to learn. we saw a map of the united states on the floor. school books strewn among the roundtable and some almost untouched on a bookshelf that was upright. it was staggering to look at it and realize this was a place where seven children lost their lives. look. >> this is just staggering, when you look out across here. just staggering. this is your community. >> right. this is the first time we have had a storm like this that went through our entire city. from border to border. so this is different than what everyone refers to as the may 3rd tornado. that was serious, but this one
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is quite a bit more. >> this is first-graders in this area? >> first agreed and kindergarten in this area. this is a hallway where they took shelter. >> so this is, again, one of the hallways. they come out and taught to go down like this, cover their heads and go against in the wal. >> correct. we have tornado practice in our rules. unfortunately this is a storm -- we have had another storm, that the television will say if you're not underground there's a likely chance you won't survive the score. there's no why to empty a school in 16 minutes. >> the kids in this particular hallway all survived. >> yes, thesing theirs they're working on that day. what they wanted to be, their favorite things, five things they learned. right before their day was
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obviously changed a lot. >> seven young lives taken that day. so many other kids' lives changed forever, just a terrible, terrible season to witness, greg, and one of the most tragic ironies is that today, thursday, would have been the last day of the school year. if that tornado had hit precisely 72 hours later than it did, those children would be alive today, greg. >> greg: thanks very much. they reportedly knew one another. now they're both dead. investigators trying to figure out if the boston bombing suspect in and this other man plotted a triple murder and carried it out long before the boston attack ever happened. plus, it's the only question left in the jodi arias death penalty case. life or death? a decision any moment perhaps as
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we approach the bottom of the hour, top of the news. we went out and asked people a simple question: how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪
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>> i'm in for shepard smith. this is "studio b" and word that a man who was reportedly a friend of one of the boston bombing suspects was about to sign a confession linking himself to an unsolved triple murder when authorities shot and killed him. according to reports from fox 25 in boston, the 27-year-old chechen immigrant stabbed an fbi agent in the head on tuesday night and that's when agents
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opened fear fire on him. the agent's juries is not life-threatening. the agent and two massachusetts state troopers were questioning him in his florida apartment about that bruteal triple murders and investigators investigating to see whether tamerlan tsarnaev is connected with the murder. an unexpected turn of events. >> absolutely. there's hope this will bring some closure to the people here and bring investigators one step closer to solve this approximate brutal triple murder that happened here in walthem. it's believe the district attorney is saying -- releasing this statement saying this investigation has not concluded and is by no means closed. the man killed in florida,
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todashev, used to live here. he knew tamerlan tsarnaev. bothle boxed and both were involved in the murders. the victims were three healthy strong young men in their 20s and and 30s, and investigators believed it was likely more than one killer involved in that crime. largely because of the health and strength of the young victims. >> joining me now, form senior fbi official, chief ooerating officer, of a strategy security consultancy group. >> at the beginning the boston marathon bombings and now it's extended. >> it has. we have gone from the bombing to a triple murder and who knows what is going to happen in the future. but in some ways, that's the way these investigations tend to go.
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you have a major investigation at the fbi and all of the local partners are undertaking, looking at everybody that had any kind of connectivity with the brothers, and seems like a lot of focus has been on the individuals of chechen origin involved in martial arts, or anything on a telephone record or internet, whatever. so a lot of the investigation is going to be looking at communications that were around the time frame of the bombings. and who that circle is, and that is how they're identifying these people and it's not surprising, then, that as they identify new possible coe -- co-conspirators and they dig deeper they may fine more crimes. >> greg: today could be the day that jodi arias learns whether she lives or dies. the jury has entered its third
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day of deliberations. the very same jurors who convicted arias, very quickly, of first degree murder for stabbing her ex-boyfriend 27 times, shooting him in the head, slitting his throat, and you can bet they lot to consider, including arias' plea for mercy this week. on tuesday she revealed she no longer wants the death penalty and vowed to bring positive change to prison by teaching inmates how to read and speak spanish and starting a recycling program. that was a few months after she testified that she had shot her ex in self-defense. seems the jury has run into a bit of trouble here? >> yeah. at last check they were deadlocked and that was after three hours of deliberations, which legal experts say is rare. the judge sent them back and since the dead lock they have been deliberating for another
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six and a half hours. might be a good indication that one of the jurors, or more of the jurors, is not budging. we do not know exactly what one of the jurors said today. there was a juror question they've wouldn't release what it was. beyond that we did not hear a single peep out of the jury, but all the major players are now on site, so if there is a verdict this afternoon, it stands to reason that it should be read relatively quickly, greg gutfeld if the -- >> greg: if the jury comes back deadlocked, what then? >> the judge has the option to send them back and again and again to keep deliberating, depending on how badly deadlocked they are. if they say we're hopelessly out, not going to make this unanimous. the two options they can get a new jury and retry part of the penalty phase or prosecutors can opt to get rid of the death penalty and then agree to life
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in province. jodi arias says life in prison would be less of a burden on the legal system. >> what will happen if i get a death verlander, it will drag on and on for years, instead of getting this done and over with and sitting it out in prison. >> the jurors worked through lunch yesterday, but there's a very good chance if there's no verdict today they will not start deliberating again until after the holiday, sometime tuesday morning. >> greg: trace gallagher in l.a. thank you. with us now, heather hansen, a great many people think life behind bars in a tiny cell is more severe punishment than death, which would be the easy way out. >> it could be. the greater punishment is to get jodi out of the limelight. >> off television. >> that's exactly right. if it's the death penalty, she right, she will have more appeals and more opportunities to speak to reporters. i do think that the jurors may
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be considering what is more of a punishment for her? life in prison or death? >> she was more concerned about her makeup and hair than execution the other day when she was giving all these tv interviews. she was just loving the attention. classic narcissistic, sethow pathic -- sociopathic. >> if they have to get a new jury, are they going to see each and every one of these interviews and the primping, and the contradictions? it just opens up a whole new door that hopefully we woven -- >> ever heard this one. i should get life instead of death because i have really nice hair and i can donate it to cancer? >> i heard itself this week. >> wow, okay. good to see you. we saw firsthand the sheer power of the deadly tornado in moore, oklahoma, and the folks in the area dealing with another
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round of bad weather. we'll be right back. [ femalannouncer ] from more efficient payments. ♪ to more efficient pick-ups. ♪ wireless is limitless.
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he walked near the royal barracks in london and official says they attacked him with meat cleave e cleaver and knives and tried to behead the victim. a a fasterby took a cell phone video of a man holding the knife. a woman confronted both men. >> he said, don't touch. i kill him. i said why, he said he killed muslim people in muslim done disprize have nothing to do here, and i said, okay, so what would you like? and i tried to make him talk about why he stabbed. >> many people calling her a hero. the british prime minisr says she symbolizes the country's resolve. >> when told by the attacker he wanted to start a war in london
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she replied, you're going to lose. it is only you versus many. she spoke for us all. >> greg, tell us a bit more about the accused killer and the two additional arrests. >> two additional arrests. apparently the result of house searches today. authorities were able to move so fast because in fact the two suspected killers had been on their radar screen. the two are described as british-born, nigerian descent and converts to lahm. and we're told one of the individuals was well known for spouting radical extreme islamic rhetoric. some people are wondering why they were allowed to keep roaming around. >> what are we learning about the victim? >> we have heard now from the ministry of defense, and they have given it his name.
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25-year-old lee rigby. he held the rank of drummer in a unit, and he also saw action in afghanistan, as ale was germany and cyprus. the father of a two-year-old son and we are told he is very well liked. we have been watching all day a pile of bouquets grow and grow behind us. this is the barracks where lee rigby served and nearby where he midwest his death. -- he met his death. >> the threat of more receive career weather -- severe weather adding misery to folks trying to rebuild and put their lives bask together in oklahoma. we will have a live update next. before tori was taking her kids to lunch in her new volkswagen... before her passat had passed 30 different inspection tests, and before several thousand tennesseans discovered new jobs on volkswagen drive,
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more now on the irs' targeting of conservative groups. remember the head of the house panel investigating the scandal saying, he may soon call the top agency official yet again back to testify. lois lerner yesterday read an opening statement, telling lawmakers she didn't do anything wrong and then invoked the fifth amendment and refused to answer any questiones. some g.o.p. lawmakers say in doing so she waived her right against incriminating herself. she runs ther is division on tax exempt organizations. we're live in washington with more. reporter: the exit from the hearing may be a met afor for the rough road she faces. she and her lawyers had to run a gauntlet of cameras and reports, but her troubles began this month at an american bar association conference when she apologized for the irs' targeting of conservative groups and said she hadn't revealed the information sooner because she
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was never asked. but just two days before the aba conference, lerner was asked by democratic congressman joe crowley of new york and offered a vague answer, which crowley later called evasive. >> the bottom line is you cannot lie to congress and bee evasive and try to mislead congress. >> she serve as the chief of enforcement at the federal elections commission. under already direction the they underthink the largest enforcement action, suing the christian coalition for violating campaign law,s the christian coalition won the suit. >> i was shocked and appalled and, frankly, white hot over it, even though hopefully the depression doesn't reveal that. both political activity and
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religious activity-specifically protected by the first amendment. >> when bopp learned lerner had been proposed to an irs position he became concerned she was being promoted for what she had done at the federal election commission. he thinks she was expected to replicate that at the irs. lerner may be called back to testify if congressional attorneys determine she waived her fifth amendment rights by delivering the opening statement yesterday. >> doug, thank you. severe weather alert. the potential of even more dangerous storms for the people in moore, oklahoma, trying to recover from that killer tornado. meteorologist maria is live in the extreme weather center. >> hello. we're talking about more storms expected for the moore, oklahoma area, including oklahoma city. we have seen them throughout the day today and there is that chance for damaging wind gusts or large hail from the storms
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and look at the forecast. unfortunately as we get into friday and saturday, we can continue to see more storms before eventually drying out sunday and monday. now, a little farther west of the moore, oklahoma, area, we actually have a tornado watch in effect until 10:00 p.m. local time tonight, including the lubbock area. there's already been a tornado alert. and just to the south, a severe thunderstorm watch, meaning damaging winds in excess of 60 miles-per-hour, hail, and into the nighttime hours. >> a bear on the run in southern california. we love bears here on "studio b." surprising police, the locals, even some horses. we're going to explain what may have provoked the bear to run from yard to yard, next.
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a neighborhood in southern california got a very unexpected visitor, curious black bear. take a look at this. you can see the bear running down sidewalks, busting through fences, even startling a horse in one yard. crews eventually caught the bar with tranquilizers, and they say they'll return the animal to the forest. a spokesman for the california department of fish and wildlife said the bear was likely attracted to the smell from the homes and trek from yard to yard in search of food. hope it wasn't the people he was
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smelling. suppose that's bear food. >> and then there's this. venezuelays national nightmare is over thankfully. the parliament has taken drastic steps to end major toilet paper shortage. i'm not kidding. lawmakers okayed a huge package for toilet paper, more than $80 million worth of the stuff, and some other must-haves like toothpaste, disposable diapers, bars of soap. venezuela's recently elected president blamed political enemy for the problem. of course, actual economists say it's the late former leader hugo chavez's social policies that wiped out the supplies, including the toilet paper. don't you hate it when you runt out of t. p.? that's when you haul out the
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sears catalogue. >> shep will be back later with the fox report at 7:00 p.m. eastern, and don't forget to log on to shep page. you're world with neil cavuto is next. >> neil: as things get more texasing, this is nancy pelosi today doing a little deflecting. >> the president know about everything going on in every agency of government. some mr. boehner have known since this is the neighboring district of where the office. he is not held accountable. >> today eric cantor responds to that. >> welcome everybody. here's what you know this irs thing is heeding up. a former speaker throws his successor into the frying plan and saying if the president is accountable for everything going


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